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W. DIENGDOH
Emilasha Laloo – Appellant
Versus
Nishan Skhem Blah – Respondent
JUDGMENT
1. The respondent has filed a complaint under section 138 of the Negotiable Instruments Act, 1881 before the Court of the Additional Deputy Commissioner (Judicial), Shillong for dishonour of a cheque dated 15.12.2017 to the tune of Rs. 11,30,000/- (Rupees eleven lakhs thirty thousand) only, allegedly issued by the petitioner herein to the respondent. The said cheque was drawn on the United Bank of India, Nongthymmai Branch. However, upon presentation of the same at the Meghalaya Cooperative Apex Bank, Shillong Branch by the payee, it was returned to the drawer due to insufficient fund. The said case was registered and numbered as C.R. Case No.1 (T) 2018.
2. On being endorsed, the learned Judicial Magistrate First Class, Shillong took cognizance of the complaint and vide order dated 05.03.2018, issued summons to the petitioner/accused.
3. The petitioner being aggrieved and dissatisfied with the said order dated 05.03.2018, has accordingly approached this Court with a petition under Section 482 Cr.P.C with a prayer to quash the said proceedings, inter alia, on the ground that there is a bar of the liability/debt being legally enforceable and also on the ground of territorial ju
The main legal point established in the judgment is the clarification of territorial jurisdiction for trying an offence under Section 138 of the Negotiable Instruments Act, 1881, as per the amendment....
Court within whose jurisdiction branch of the bank where the payee maintains the account is situated, will have jurisdiction to try offence, if the cheque is delivered for collection through an accou....
The amendments to the Negotiable Instruments Act are constitutional and do not infringe on the fundamental rights of the accused despite potential inconveniences.
Jurisdiction for dishonor of cheque cases under the Negotiable Instruments Act is determined by the location of related transactional acts, not merely where notices originate.
The retrospective nature of the provisions of Section 142A of the NI Act and the acceptance of delay in filing restoration applications.
In complaints under S.138 of the Negotiable Instruments Act, territorial jurisdiction is determined by where the cheque was drawn and presented, not merely by where notices were sent.
The main legal point established in the judgment is that the trial court had jurisdiction to try the case under Section 138 of NI Act based on the location of the complainant's bank branch, and the i....
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